Opinion
(Spring Term, 1789.)
Ejectment. Roundtree entered a tract of land, lying in Granville County, on Shocko Creek, and ran the said tract out in the following manner: Beginning at a tree on the bank of Shocko Creek, running south ____________ poles to a corner, thence east ____________ poles to a corner, thence north ________________ poles to a corner on the creek, thence up the creek to the beginning, etc. By a mistake, either in the surveyor or in the secretary who filled up the grant, the courses were reversed, beginning on said creek at a corner, running north ______________ poles to a corner, thence east, etc., placing the lands on the opposite side of the creek from that on which it was really surveyed; so that the grant did not cover one foot of the land surveyed. Roundtree settled on the lands surveyed, which were afterwards entered by Person, who had obtained a deed from Earl Granville for the same, and brought an ejectment against Roundtree for the premises.
On the trial, Roundtree proved the lines of the survey, and his being in possession some time; and claiming the same under his grant.
This case was several times argued by counsel on both sides, when it was finally determined, by the unanimous opinion of the Court, that the mistake of the surveyor or secretary who filled up the grant should not prejudice the defendant; and that the defendant was well entitled to the lands intended to be granted, which had been surveyed — and therefore there was judgment for the defendant.
Cited: Cherry v. Slade, 7 N.C. 87; Reed v. Shenck, 13 N.C. 419; Hauser v. Belton, 32 N.C. 360; Ernull v. Whitford, 48 N.C. 477; Higdon v. Rice, 119 N.C. 637; McKenzie v. Houston, 130 N.C. 572; Ipock v. Gaskins, 161 N.C. 678.